The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-08-18
VOL. 3O.--NO 80

the company comply with this clear
| and specific contract? Did it cons
mence the construction of its road in
the two years named? Did it prosecute
the work as required? Did it complete
| its main line at the time named? In
fact, has it yet completed the main line?
On fun consideration of the whole
subject, / conclude that the withdrawal
for indemnity purposes if permissible
under the law was solely by Virture of
executive authority and may be re-
voked by the same authority. That
such revocation would not be Il viola
| ton of the law or equity, and that said
lands having been so long withheld for
the benefit of the company, the time
has arrived when public policy and
justice demand the withdrawal should
| be revoked and some regard had for the
rights of those seeking and needing
homes on the public domain lprefer
to direct that all lands under with
drawal heretofore made and held for
to the Atlantic Pacific Railroad
Company. be, restored to the pub
| lie domain and opened to settlement
| under the general lands, except such
lands as may be covered by approved
selections; provided the restoration
| shall not effect rights acquired within
| the primary or granted limits of any
4
lands covered by anapproyed selec-
| lions, applications to make filings and
entries thereon may be received, noted
| and held subject to the claim to the
Company.
LAMAR'S ORDER MODIFIED.
Secretary Lamar has modified his or
der of yesterday restoring to the pub
lie domain lands held as indemnity by
various roads so far as it related to the
Chicago, St. Paul, Minneapolis s.
Omaha Railroad Company in the fol-
lowing particular: las to the lands
selected by this company amounting to
194, 579 acres, and which selections
were disapproved by the Commissioner
of the General Land Office on July 3,
1887, this order will not apply until the
decision by the Department thereon as
much as the question of the correctness
of said selections was pending before
and being considered by me prior to the
issuance of the present order.
PREPARING ANOTHER DECISION.
The Secretary of the Interior is pre-
pairing a decision relating to the in
demnity Withdrawals of the Northern
Pacific Railroad Company. He reviews
at some length the company's con-
stitution of the laws which is in effect
that its grant was of the designed
quantities of land along the entire
lenght of the road; that though the
road necessarily ran through several
political divisions of the United States
and Territories it was nowise controlled
by such political divisions in its right,
privilege and franchise acquired by its
charter; that the quantity of land lost
along the entire line becomes the meas
ure of indemnity which is to be
selected is not in any particular state
or territory, but anywhere in the ten
mile limit of the indemnity line,
aSaT, 10 In M
along the fA0 entire oG line Of '0t tSs
road from terminous to termin-
Gus, and it can make no difference
the loss is in Minnesota or in
Washington Territory, and the losses
are likewise common to the whole road,
and so the indemnity lands are equally
to the whole road and given to
supply these losses. The Secretary
will not concur in these views. He
will hold that Congress recognized the
political divisions of the states and
territories when it gave the company
ten alternate odd-numbered sections of
land on each side of the line of the
road, when it passes through state,
and twenty mile sections when it passes
but the substitute of the granted land,
and the same boundary lines applies to
the one as to the others, the same dis
tinction is preserved in providing for an
indemnity belt, less being allowed in the
states than iii the territories. The
will say that in his opinion
and according TO the views herein eX-
pressed, the indemnity claims of the
must be reduced, and it will
not require all their vacant odd num-
bered sections within the indemnity
limits, but there would be land to re-
store to the public domain. The Sec
rotary will also hold that this company
is entitled to but one indemnity belt of
ten miles in width, and that the grant
of July 80, 1870, repealed and modified
that of the first, so far as they con-
fiicted, and that both acts refer to the
same indemnity belt. These are the
only points not covered by the decision
of yesterday in the Atlantic s. Pacific
case.
COLEMAN NOT RESPONSIBLE.
Commissioner Coleman, of the De-
partment of Agriculture, who has just
view in relation to the acreage of to-
bacco to-day says: Il was on my vaca-
ton when the July report was made
and knew nothing of it until after it
was published. If there is any inaccu-
racy in it, as charged L have no knowl-
edge of it or responsibility for it, but
will promptly use my best endeavorS to
ascertain and publish an accurate state
ment of the tobacco acreage. The work
was in charge of Mr.. Dodge, the statis-
tician inlwhose integrity and ability
have had full confidence as a recog-
nized expert by the highest statistical
authorities III this country and in Eu-
rope.
LETTER LIST.